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IsoHunt Guilty of Inducing Infringement

Posted by CmdrTaco on from the i-didn't-know-isos-were-endangered dept.

roju writes "The MPAA has won a summary judgment against torrent indexing site isoHunt for inducing copyright infringement. Michael Geist notes that '[t]he judge ruled that the isoHunt case is little different from other US cases such as Napster and Grokster, therefore concluding that there is no need to proceed to a full trial and granting Columbia Pictures request for summary judgment.' Attorney Ben Sheffner, who worked on the case for Fox, explains some of the implications, noting that 'the most significant ruling in the opinion was the court's holding that the DMCA's safe harbors are simply not available where inducement has been established.' This case could have implications on other indexing sites, and creates a gap in the DMCA safe harbor provisions that could have far-reaching implications on other sites."

5 of 243 comments (clear)

  1. Re:Is there a way for a US judgement to be enforce by Sirusjr · · Score: 4, Interesting

    Well even if it was enforceable, ISOhunt can always appeal the grant of summary judgment and perhaps the appeals court will reverse and call for an actual trial.

  2. Huh? by TubeSteak · · Score: 5, Interesting

    A U.S. federal court in California has issued a summary judgment against Canadian-based isoHunt (and its [Canadian] owner Gary Fung)

    Why is a US Court adjudicating a case involving a Canadian citizen and his Canadian website?

    --
    [Fuck Beta]
    o0t!
    1. Re:Huh? by Adrian+Lopez · · Score: 5, Interesting

      I wonder how American proponents of such a principle would react to an American citizen being sued and convicted in China for posting information that China considers illegal to a US website that is nevertheless available to Chinese citizens.

      --
      "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
  3. Re:International "Commerce" by tepples · · Score: 4, Interesting

    Say a foreign country bans use of encryption without a license. So is every HTTPS site in the world in violation if it doesn't firewall off all the country's IP ranges?

  4. Re:International "Commerce" by shaitand · · Score: 5, Interesting

    People may be illegally importing said material into the U.S. but ISOHunt is doing what its doing in Canada and therefore falls under their laws.

    If you download a file from a Canadian server then you acquired the material in Canada and imported into the U.S. That's on you, the importer.